The Avengers
by Zanza8
Summary: Alternate ending to Episode #391 Season 11. Festus confesses to a crime he didn't commit to save Kitty's life.


"The defendents will please rise."

Festus and Kitty looked at each other, then at Doc. They stood. Doc ran his hand over his face as Judge Strom began to speak. "Having been found guilty of the murder of my son, Richard Strom, I hereby sentence you, Festus Haggen, and you, Kitty Russell..."

"Wait, Judge," Festus broke in.

Strom looked annoyed. "Wait for what, Mr Haggen? You have been found guilty in a court of law after a fair trial and..."

"Judge, there's somethin' I got to get off my chest before you go on." The deputy took a step forward and all three Stroms tensed. "Judge, I want to..." He swallowed hard. "I want to confess."

"Now wait a minute!" exclaimed Doc.

"Silence in my court, Doctor!" Strom eyed Festus narrowly. "What is it you want to confess, Mr Haggen?"

Festus swallowed again. "Well, it's just that...well, I got the innocent blood of yore boy on my head as it is..."

"Festus, what are you saying!" cried Doc.

Strom banged his gavel. "Doctor, if there are any more outbursts from you I will have you removed from this courtroom! Go on, Mr Haggen."

Festus nervously avoided Doc's eyes. "I killed yore boy, Judge. Killed him in cold blood for his money, but I cain't go to m'grave with Miss Russell's blood on me too. She didn't know nothin' 'bout what I wuz plannin'."

"Oh, Festus," said Kitty brokenly.

"Madam, what I said to the doctor goes for you too. Be silent or you will be removed."

"You see, Judge, a feller like me...I been dirt poor all my life, and when I seen all the money yore boy wuz packin' I got to thinkin' how easy it'd be to take it but I had to have some way to cover up, don'tcha see? So when his brother there passed out, why, I sat down with him and told him how Miss Russell admired him and how she liked having visitors when the marshal wuz out of town..." Kitty stood up and Doc pulled her down. Festus still had not looked at either one of them. "I thought he'd go up to her room and I'd sorta catch him in the act of breakin' in and plug him and get his money, only it didn't work out that way. Miss Russell, she went up early and she caught him and he hit her and things just got outta hand."

"But you had planned to kill him all along."

"Yessir, but I sure hadn't planned on Miss Russell gettin' involved or gettin' hurt."

"What were you going to do with all that money?" asked the judge curiously.

"Well, I been in Dodge a while now. I figgered it wuz time I wuz movin' on but I needed a stake and that money would have set me up right handsome up in Wyomin'...I wuz fixin' on buyin' myself a little spread..." Festus' voice trailed away.

"Will you swear on the Bible that Miss Russell was completely innocent in the matter of my son's death?"

Festus hesitated, then spoke resolutely. "Brang me that book and I'll kiss it for you." The judge stood and carried the Bible to Festus as his sons untied the deputy's hands and took his arms.

"Place your hand on the Bible, Mr Haggen." Festus laid his hand on the Bible. Kitty hid her face on Doc's shoulder as Strom continued. "Do you solemnly swear that you, and you alone, are guilty of the murder of Richard Strom?"

"Yessir."

"Do you solemnly swear that Kitty Russell had no knowledge and was in no way complicit in your plan to kill my son?"

Festus looked confused but he spoke firmly. "I swear that Miss Russell didn't have nothin' to do with killin' yore son and she didn't know what I wuz 'bout." Kitty began to sob.

Strom turned to her and Doc. "Miss Russell, you are pronounced innocent by this court. Let me say that I am thankful that Mr Haggen confessed and prevented a serious miscarriage of justice. It would have pained me to hang such a beautiful woman." He smiled and bowed to her. Kitty looked up, her eyes blazing, and Festus spoke hurriedly.

"Judge, a dyin' man ort to have a last request."

"What is it, Mr Haggen?"

"Can you send Miss Russell and Doc Adams away now? They ain't got no part in this and a hangin' ain't no place for a lady." Festus finally looked at Doc and Kitty, his gentle hazel eyes pleading for understanding as he sent them a silent message of love and farewell.

Doc felt the sting of tears as he found his voice. "I think that's a fine idea, Judge. If you will allow Miss Russell and myself to leave, you will be doing us all a great service." He didn't trust himself to look at Festus again, but his hands were shaking as he took Kitty's arm and turned her away from the deputy. She resisted, tears pouring down her cheeks, then went with him.

Judge Strom opened the door. "Give them a horse," he told his sons.

"Pa..."

"It's a long way to Dodge. You wouldn't want the lady to walk all the way back, would you?" He held out his hand to Doc. "It's been a pleasure working with you, sir." Doc looked at the outstretched hand, then at Strom. His eyes were cold. Strom dropped his hand. Doc walked Kitty over to the nearest horse and got on. Reaching down, he pulled her up behind him and rode away without a word. Strom looked after them for a moment, then turned to his sons.

"Prepare the prisoner for hanging."

Matt rode over the crest of a hill, his hand pressed to his leg. It was bleeding badly now and he was beginning to feel weak, but he couldn't stop. He had to find Festus and Kitty before it was too late. Doc was going to give him hell when he got back, but Doc would understand. Festus and Kitty...if that crazy old man had harmed either one of them...

The marshal blinked in surprise. Most of the men in Dodge were out combing the hills and he had fallen behind because of his wounded leg. He hadn't much hope of finding anything at this point and had only kept riding because he couldn't stop, but now he saw a little group at the bottom of the hill under a tree. Three horses tied near the tree, three men on foot, and a fourth man on horseback with a rope around his neck. Matt had ridden right into the Stroms just as they were about to hang Festus. He rode closer, then dismounted and pulled out his rifle. Where was Kitty? He felt sick as he considered the possibilities, then he put them out of his mind. At least Festus was still alive. Matt took careful aim and fired. One Strom down. He worked the bolt on his rifle and fired again. Another one fell, but the old man had seized a stick and struck the horse Festus was on. The marshal's heart skipped a beat as he saw his friend drop, then he fired one last time. Without waiting to see the result of the shot, he flung himself back into the saddle and galloped down the hill.

Festus spun on the rope as Matt rode up and tumbled off his horse. The Stroms lay where they had fallen and he ran past without sparing them a look. His knife was out and he sawed fiercely at the tough rope.

"Oh, God...please God..."

The marshal had never been a religious man, but he believed in the Lord and now a wordless prayer flew from his heart. Festus fell into his arms and he laid him on the ground. The deputy wasn't moving and Matt pressed his ear to his chest. His heart was still beating but he wasn't breathing. The marshal sliced through the ropes on his friend's wrists, then took his arms and pulled them back and forth over his head and down to his sides, again and again and again.

"God..."

Festus suddenly moaned and took a breath and Matt dropped his arms and sat back. The deputy opened his eyes, staring up at his friend with a look of blank terror, and the marshal said gently, "Festus, you're safe now. Do you understand?"

Festus tried to sit up and Matt restrained him. He moaned again and his hands went to his throat. "Matthew?"

The deputy's voice was barely a whisper and he spoke with pain, but the marshal had never heard a sweeter sound and he sighed with relief. "Festus, what happened here? Where's Kitty?" Festus struggled to speak, but no words came out. He tried to sit up again and Matt held him down. "It's all right, Festus. I'm going to get you some water and then I want you to rest a bit. Don't try to talk yet." The marshal limped over to his horse and got his canteen, then knelt next to his friend. Festus choked on the first sip, then managed to swallow a little.

"Safe, Matthew," he whispered faintly.

"What's that?" Matt leaned over with his ear next to the deputy's mouth.

"Miss Kitty. Safe," Festus repeated, his voice almost too weak to hear. Matt sat up and regarded his friend with affection. Festus had passed out, but he had told the marshal all he needed to know, and if he said Kitty was all right, then she was. The details could wait.

They were both weary when they rode back into Dodge. Matt had tied Festus to one of the Strom's horses and ridden out of sight of the hanging tree, then camped for the night. By morning he was feeling better, but the deputy's throat was badly swollen and he refused to eat. Matt had a difficult time persuading him to drink a little water, and he decided to push on for Dodge so Doc could have a look at them both as soon as possible. Festus could still barely talk and Matt ordered him to be silent when he tried to tell the marshal what happened with the Stroms. Now, finally, they were home.

Matt got off his horse and helped Festus down and into the jail. He sat the deputy on his own bed and pulled off his boots. "Now you stay here while I go find Doc."

"Matthew..."

The marshal shook his head sternly. "I told you to be quiet. Just stretch out and wait for me. I won't be long."

Matt limped over to the Longbranch. The saloon was full of people but it was as quiet as a church. The marshal spotted Doc and Kitty at a back table and went over to them, sitting down heavily. Doc looked at him dully and Kitty took his hand. "Oh, Matt, I'm so glad you're all right," she said miserably.

"Kitty, are _you_ all right? What happened out there?

Kitty shook her head and turned away. Matt looked at Doc.

"It was the Stroms," said the old man. "They took Kitty and...and Festus..." Doc bit his lip. After a moment he went on. "Took me too."

"You! Why?"

Doc ran his hand over his face. "Festus put up a fight." There was pride in his voice. "He didn't go quietly, no sir. They beat him over the head and couldn't wake him up, so they came and got me. Appointed me defense counsel too. Can you imagine it? I did my best, Matt." Kitty started to cry and Doc patted her hand. "Now, Kitty, Festus wouldn't want you to be so sad."

"I can't help it, Doc," she sobbed. Matt suddenly realized Kitty and Doc thought Festus was dead. How slow could a man be? It must be all the blood he had lost, fogging his brain.

"Doc," he said.

"Let me finish, Matt. It's hard to tell...well, Strom was about to sentence them both to hang when Festus up and confessed."

"Confessed?"

Doc looked at Matt. "I don't want you to get the wrong idea, Matt. It was the bravest thing I've ever seen. He was lying, of course, but he told Strom that he planned to kill that oldest boy for his money and he did it alone and Kitty was innocent. He even swore to it on a Bible. Then he asked as a last request for Kitty and me to be sent away, which Strom did. He even gave us a horse. We got back to Dodge yesterday."

Matt sat back, his mind in a whirl. So that's why Festus had been alone out there! What must Doc and Kitty be feeling now?

"Kitty," he tried.

"Oh, Matt, I don't want to talk about it. Festus sent us away and they killed him...he's out there on the prairie somewhere and we can't even give him a decent burial..." She dropped her head on her arms and Doc stroked her hair.

"We ordered him a tombstone, Matt," said Doc softly. "The finest granite, all the way from St Louis. And it's going to say Festus Haggen, Beloved Friend."

Matt gave up. "Doc, can you come back to the jail with me? I think this leg of mine needs some tending. Kitty, I'd like you to come too."

"All right, Matt. Just give me a minute." She made her way upstairs and Doc and Matt sat in silence until she came back down and they walked out into the night together.

"Wait a minute," said Matt when they reached the jail. "I need to check on something before we go in." Subdued by grief, Doc and Kitty stood quietly in the street while Matt went inside. After a moment he came out again and drew himself up to his full impressive height. "We're going in now, and I want you both to be very quiet. Do you understand?" Matt used his toughest marshal voice and coldest look. They nodded meekly and he opened the door.

Doc went in first, followed by Kitty, with Matt bringing up the rear. A familiar sound emanated through the jail...a snore as loud, and about as musical, as a sawmill. Doc and Kitty stopped short, then cautiously approached Matt's bed.

Festus sprawled in it, sound asleep. Kitty turned back to Matt and took his hands. "Oh, Matt...how..."

Matt held his finger to his lips. "Don't wake him. He's had a bad time."

"Well, I don't understand this," said Doc. "When we left they were about to hang him."

"They did hang him," said Matt grimly. "I got there just too late to stop them." The old man whipped around and the marshal went on reassuringly. "I cut him down in time, Doc. I think he's all right."

"What happened to the Stroms?" asked Kitty anxiously.

Matt squeezed her hand. "You won't have to worry about them anymore. I left them out on the prairie." Kitty's eyes fell. "I didn't have much choice, Kitty. I didn't know what had happened to you and it was the only way to save Festus."

She nodded, then knelt next to the bed and touched the deputy's face. "Festus..."

He stirred, then woke. Seeing Kitty, he smiled sweetly. "Miss Kitty?" His voice was weak but clearly audible, and she smiled back. "Are you all right, Miss Kitty? Them yahoos didn't hurt you none?"

"I'm just fine, Festus, thanks to you." She kissed his bristly cheek and stood up, backing away as Doc approached.

"Festus, I want to take a look at your throat." The deputy winced as the old man gently examined him. "Having trouble swallowing?" Festus nodded. "Hurts to talk, doesn't it?"

"Sure does."

"Well, then, don't. It's going to hurt for a while, and I'm afraid there isn't too much I can do for you about that. We'll just have to let nature take its course, but you'll be all right. You just need to rest." Doc rummaged in his bag and took out a bottle. "I'm going to give you some laudunum for the pain. It'll help you sleep, too. I'll be back in the morning and we'll have some breakfast."

"I ain't really hungry, Doc."

"I know. You'll feel better tomorrow, Festus. Right now you just need to sleep. Now take this." Doc poured a generous spoonful and Festus swallowed it reluctantly. "Kitty, can I get some water?"

"Doc, I don't want to swaller nothin' more."

"Now, Festus, who's the doctor here? You need to drink something or you'll really be sick." Doc took the glass from Kitty and helped Festus drink, then fluffed the pillow under the deputy's head and pulled up a chair. "Now you just lie there, and I'll sit here, and in a minute you'll be asleep." Festus closed his eyes obediently and soon the jail was filled again with the sound of snoring.

Doc sighed and got up. "Better let me check that leg, Matt."

"It's all right, Doc."

"It will be as soon as I take a look at it!" snapped the old man. "Kitty, I'm going to give you a prescription too. Go home and go to bed." She started to speak and he held up an imperious hand. "If you want to do something for the patients, you can come back in the morning with some beef broth. Now git. Doctor's orders."

Matt and Kitty sat side by side in the Longbranch, observing the show with amusement. Doc and Festus had come in for a drink and were already in full cry.

"You mean to say you canceled my tombstone?"

"Of course I canceled it. You're not dead, are you?"

"I will be some day. I'll be needin' it then."

"When that happy day arrives, I will go to St Louis personally and pick it up!"

"You ornery old scutter, I don't b'lieve you ordered it in the first place!"

"Well, I most certainly did. I just want you to know that it was for Kitty's benefit, not yours."

"Miss Kitty?"

"Well, _she_ was upset about your demise."

"My what?"

"Your death! I might have known that even hanging wouldn't kill you. You'll probably live to be a hundred and plague me every day until then..."

The two went on and on as Matt and Kitty looked at each other with deep contentment. It was good to know all


End file.
